Michigan lawmakers could crack down on leaving dogs outside during harsh weather conditions

Temperatures are starting to drop for the year in Michigan and a group of state lawmakers have introduced legislation to firm up clear definitions of what appropriate shelter means for dogs in Michigan.

Failing to provide “adequate care” for animals in a person’s care meaning sufficient food and water, exercise and medical attention as well as proper shelter and a sanitary environment is a crime in Michigan. But when it comes to defining what an adequate shelter is, bill sponsor Rep. Penelope Tsernoglou (D-East Lansing) said in a news release Wednesday that the law does not effectively protect pets from maltreatment. 

State Rep. Penelope Tsernoglou (D-East Lansing), Feb. 15, 2023 | Laina G. Stebbins

“As a society, we have come a long way in protecting animals, and specifically our pets, from abuse or mistreatment. Despite that progress, current Michigan law allows abusive or neglectful owners to keep their pets even if they are not properly protected from harsh weather conditions,” Tsernoglou said. “This legislation would alter the definition of shelter to ensure animals have the adequate protection they deserve.”

Existing guidelines for what legally constitutes appropriate shelter for animals include considerations like “age, species, and physical condition of the animal” in order to create standards for shelter to “maintain the animal in a state of good health.”

The legislation proposes adding considerations for the thickness and length of an animal’s fur or hair to determine if a shelter would maintain good health for an animal in addition to adding specific mention that if extreme weather constitutes the need for additional “protection or shade”, the entity or person in charge of the animal’s care would be required to adjust the shelter provided accordingly.

Specifically for dogs, the legislation would require dogs be kept “in a space with appropriate light, ventilation, and temperature control.” 

The legislation would bar certain common “shelters” for dogs from being acceptable unless they are modified to provide adequate shelter “suitable for the age, breed, and physical condition of the dog” with consideration to the weather.

Structures that would have to be appropriately modified are crawl spaces, decks, stoops, metal or plastic barrels, animal carriers, crates and wire crates. Cardboard shelters or other shelters made of “easily degraded” materials would not be considered adequate shelter under the legislation, along with “shelters with wire or chain-link floors”.

Doghouses would only be considered proper shelter if they are enclosed with a roof and a floor with dry bedding that provides insulation and protection from cold and damp weather conditions, noting that materials that retain moisture like blankets are not adequate dry bedding. 

The Old Farmer’s Almanac predicts a “Wet Winter Whirlwind” in Michigan and much of the Midwest, with temperatures in the region predicted to be the lowest in the country and plenty of freezing precipitation expected.

Leaving a pet unprotected from the elements during cold weather can be deadly and leaving pets outside during dangerous weather is one of the most common forms of animal cruelty, according to the Humane Society of the United States.

In order to help animals facing dangerous conditions, the Humane Society of the United States advises individuals to report mistreatment of animals to the local animal control agency or county sheriff’s office, with whatever evidence the individual can bring.  

“Pet ownership is a privilege — not a right,” Tsernoglou said. “… We must ensure that animals across Michigan are placed in safe, loving homes that fit their needs.”

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